ML20211Q921

State of Utah Motion for Leave to Reply to Applicant & Staff Response to Second Amended Contention Q.* Neither Applicant Nor Staff Oppose Subj Motion.With Certificate of Svc

ML20211Q921
Person / Time
Site:	07200022
Issue date:	09/09/1999
From:	Chancellor D UTAH, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#399-20814 97-732-02-ISFSI, ISFSI, NUDOCS 9909160013
Download: ML20211Q921 (4)

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A, DOCKETED USURC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

?) SEP 14 P12:09 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OT,p n

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In the Matter of:

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Docket No. 72-22-ISFSI

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PRIVATE FUEL STORAGE, LLC )

ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel

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Storage Installation)

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September 9,1999 STATE OF UTAH'S MOTION FOR LEAVE TO REPLY TO APPLICANT'S AND STAFF'S RESPONSES TO SECOND AMENDED CONTENTION Q The State of Utah hereby moves for leave to reply to the Applicant's and NRC Staff's responses to State of Utah's Request for Admission of Late-Filed Second Amended Utah Contention Q (August 23,1999). Applicant's Response to State of Utah's Request for Admission of Late-Filed Second Amended Utah Contention Q (deptember 3,1999); NRC Staff's Response to State of Utah's Request for Admission of Late-Filed Second Amended Utah Contention Q (September 3,1999).

The State seeks leave te reply to various arguments made by the Applicant and the Staff that Second Amended Contention Q lacks a legal or factual basis and does not satisfy the Commission's criteria for late-filing. These arguments were not and could not have been anticipued by the State, and therefore the State should be allowed to respond in order to provide the Licensing Board with a complete record on which to decide whether to admit the contention.

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If granted leave, the State intends to file its reply on or before Monday, September 13, 1999.8 Neither the Applicant nor the Staff oppose this motion.

DATED this 9' day of September,1999.

l Respectf y ubmitted, j

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Denile' Chancellor, Assistant Attorney General Fred G Nelson, Assistant Attorney General

. Diane Curran, Special Assistant Attorney General Connie Nakahara, Special Assistant Attorney General Laura Lockhan, Assistant Attorney General Attorneys for State of Utah Utah Attorney General's Office 160 East 300 South,5th Floor, P.O. Box 140873

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Salt Lake City, UT 84114-0873 Telephone: (801) 366-0286, Fax: (801) 366-0292 i

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'The State notes that the Applicant's and Staff's Responses wee filed by electronic mail on the afternoon of Friday, September 3. As a practical matter, the

' State's counsel and expert were not able to begin work on replying to them until i

Tuesday, September 7. Thus, the time sought for preparing the State's Reply (five working days)is reasonable.

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DOCKETED USNRC CERTIFICATE OFIERVICE I hereby certify that a copy of STATE OF UTAH'S MOTION FOl6fEdYE14 R2:09 TO REPLY TO APPLICANT'S AND STAFF'S RESPONSES TO SECOND -

HG-AMENDED CONTENTION Q was served on the persons listed below bfeIdironic -

'F mail (unless otherwise noted) with conforming copies by United States mail first class, this 16' day of August,1999:

'Rulemaking & Adjudication Staff Sherwin E. Turk, Esq.

Secretary of the Commission Catherine L. Marco, Esq.

U. S. Nuclear Regulatory Commission Office of the General Counsel Washington D.C. 20555 Mail Stop 15 B18 E-mail: hearingdocket@nrc. gov -

U.S. Nuclear Regulatory Commission (originaland two copies)

Washington, DC 20555 E-Mail: set @nrc. gov G. Paul Bollwerk, III, Chairman E-Mail: cim@nrc. gov Administrative Judge E-Mail: pfscase@nrc. gov Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Jay E. Silberg, Esq.

Washington, DC 20555 Ernest L. Blake,Jr.

E-Mail: gpb@nrc. gov Shaw, Pittman, Potts & Trowbridge 2300 N Street, N. W.

Dr. Jerry R. Kline Washington, DC 20037-8007 Administrative Judge -

E-Mail: Jay _Silberg@shawpittman.com Atomic Safety and Licensing Board E-Mail: ernest _blake@shawpittman.com U. S. Nuclear Regulatory Commission E-Mail: paul _gaukler@shawpittman.com Washington, DC 20555 E-Mail: jrk2@nrc. gov John Paul Kennedy, Sr., Esq.

E-Mail: kjerry@erols.com 1385 Yale Avenue Salt Lake City, Utah 84105 Dr. Peter S. Lam E-Mail: john @kennedys.org AdministrativeJudge Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, DC 20555 E-Mail: psl@nrc. gov 3

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Joro Walker, Esq.

James M. Cutchin Land and Water Fund of the Rockies Atomic Safety and Licensing Board 2056 East 3300 South Street, Suite 1 Panel Salt Lake City, Utah 84109 U.S. Nuclear Regulatory Commission E-Mail: joro61@inconnect.com Washington, D.C. 20555-0001

- E Mail: jmc3@nrc. gov Danny Quintana, Esq.

(electronic copy only)

Danny Quintana & Associates, P.C.

68 South Main Street, Suite 600 Office of the Commission Appellate Salt Lake City, Utah 84101 Adjudication E-Mail: quintana @xmission.com Mail Stop: 16-G-15 OWFN U. S. Nuclear Regulatory Commission Washington, DC 20555 (UnitedStates mailonly) l 1

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l I/e'nise Chancellor Assistant Attorney General State of Utah I

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